Gillespie v. Lincoln County, Montana et al

Filing 9

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. Signed by Judge Dana L. Christensen on 9/5/2017. (APP) Copy to Gillespie

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

FILED
SEP 0 5 2017
Clerk. U S District Court
District Of Montana
Missoula

CV 17-60-M-DLC-JCL

BRIAN JOHN GILLESPIE,
Plaintiff,
vs.

ORDER
LINCOLN COUNTY SHERIFF'S
OFFICE; LINCOLN COUNTY
MONTANA; LINCOLN COUNTY
DEPUTY SHERIFF JOHN DOE,
Defendants.
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendations on July 26, 2017, recommending dismissal of this case.
Plaintiff Brian John Gillespie ("Gillespie") has failed to timely object to the
Findings and Recommendations, and, as a result, has waived his right to de novo
review of the record. 28 U.S.C. § 636(b)(l)(C). This Court reviews for clear error
those findings and recommendations to which no party objects. See McDonnell

Douglas Corp. v. Commodore Bus. Mach. , Inc., 656 F.2d 1309, 1313 (9th Cir.
1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists if the Court is
left with a "definite and firm conviction that a mistake has been committed."

United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted).

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Having reviewed the Findings and Recommendations, the Court finds no
clear error in Judge Lynch's conclusion that Gillespie's Complaint should be
dismissed. As discussed in Judge Lynch's Order dated July 26, 2017, Gillespie
failed to notify the Court of a change in address. On May 5, 2017, the Court
mailed the Notice of Case Opening to the address listed in the Complaint. On
May 15, 2017, it was returned as undeliverable. Pursuant to Rule 5.2 of the Local
Rules for the District of Montana, Gillespie had 60-days following a return
communication to inform the Court of any change of address. (Doc. 7.) Gillespie
failed to notify the Court of any change of address within the 60-day period.
Accordingly, there being no clear error in Judge Lynch's Findings and
Recommendations,
IT IS ORDERED that Judge Lynch's Findings and Recommendation (Doc.
7) is ADOPTED IN FULL. This action is DISMISSED WITHOUT PREJUDICE
pursuant to L.R. 5 .2(b).
Dated this

5~ day of September, 2

Dana L. Christensen, Chief Judge
United States District Court

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